The Mkopo Fasta Service (“Service” enables you to qualify to borrow small amounts over short periods of time (each a “loan”). The Service is operated by Kisasi Finance Company Limited, (“we”, “us” or “our”) subject to these terms and conditions;

General Provisions

Please read these Terms of Use carefully before you download, install, or use the App. By downloading, installing, or using the App, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree with these Terms of Use, you should cease downloading, installing, or using the App immediately. You affirm that the Terms and Conditions herein are without prejudice to any other right that the company may have with respect to the loan in law or otherwise.

To provide you with the service, you must authorize the provision of certain personal information to us as described in our privacy policy. Our privacy policy governing the service is attached to and incorporated into these terms, “Privacy Policy”. By accepting these terms and using the service, you consent to and authorize the collection and use of personal information in accordance with the privacy policy.

We reserve the right to change these Terms of Use at any time without notice to you by posting changes on the website or by updating the App to incorporate the new terms of use. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the App after changes are posted constitutes your acceptance of the amended Terms of Use. These Terms and conditions and any amendments or variations thereto take effect on their date of publication.

To download, install, access, or use the App, you must be 18 years of age or over. Use of the App does not include the provision of a mobile device or other necessary equipment to access it.

From time-to-time updates to the App may be issued through the website or on the App. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms and conditions.

By using the App or any of the Services, you consent to us collecting and using technical information about the Equipment and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.

You hereby authorize us to conduct information verification checks on you should we deem it necessary. You further duly us to forward your Account Data and personal information to verification suppliers, information suppliers and third parties acting on behalf of Mkopo Fasta to verify information about you which includes but is not limited to qualification, certification, employer background screening, employment verification, employment references, criminal records, driver’s license validation, passport validation, identity verification and any other personal information required to validate, verify and confirm your information. You understand and agree that your consent declaration will remain valid for as long as you use the Services for all existing and future personal and verification requests, screening, validation and confirmation of information regarding yourself.

You are responsible for maintaining the confidentiality of your password and account and you are solely responsible for any and all activities that occur through the use of your account or password. You hereby indemnify us against and waive any claims relating to the unauthorised use of your account.

Once you have registered an account with Us, you may be offered the opportunity to apply for Loans in certain amounts. We reserve the right to decline the Loan application for any reason. However, if we accept your application and grant you a Loan, we will charge a fee you must pay to us on top of paying back the borrowed amount (“Initiation Fee”). The Initiation Fee payable is quoted together with the loan amount at the time you apply for each Loan. The Loan Initiation Fee, first month’s interest and first month’s service fees will be deducted from the Loan amount before the Loan funds are transferred to you.

You must repay the Loan by the date specified when you take the Loan (“Due Date”). If you fail to repay the Loan by the Due Date, we will at our discretion rollover your Loan for a period of time determined by us ("Rollover Period") and charge you an additional fee ("Rollover Fee”) Should we elect not to rollover your Loan, all amounts owing to us will become immediately due, owing and payable. You must then repay the loaned amount, Initiation Fee and Rollover Fee by the end of the Rollover Period.

If you still have not repaid the Loan amount and fees, by the end of the Rollover Period, you will be in default. This default may be reported by us to credit reference bureaus duly licensed under the Bank of Tanzania (Credit Bureau Regulations) 2012, within 28 (twenty-eight) days of your default and such report may affect your ability to borrow money in the future. You will become responsible for the reasonable costs we or our suppliers may incur in collecting the payment in accordance with applicable law. Overdue amounts will be rounded up to the nearest whole Shilling.

You expressly request, instruct, and authorize Us to debit amounts owed to us from your nominated bank account, nominated banking card or mobile money wallet, and in accordance with any direct debit instruction issued and delivered to you by Us herein on the Due Date or, before or after the Rollover Period. All such debits from your account by Us in accordance with this direct debit instruction issued and delivered by you to Us shall be treated as though it has been signed by you personally. You understand that the withdrawals hereby authorised will be processed by electronic funds transfer, and you also understand that details of each withdrawal will be printed on your bank statement. You expressly agree to pay any bank charges relating to this mandate.

We and our affiliated entities enforce strict policies against money laundering, terrorism funding and conducting of business with entities/individuals situated in territories subject to trade sanction and/or are individually subject to such sanctions ("Policies"). In addition to other prohibitions as set forth in the Terms & Conditions, You are prohibited from using the Platform: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; or (l) to infringe and/or violate any laws or including but not limited to acts of fraud, money laundering, bribery, corruption and/or use any amounts loaned to you for illegal and/or illicit purposes. You furthermore agree that any amounts paid to us by you shall not be proceeds from illegal activities. Should it be proven and/or suspected by us that the Platform is being used for illegal and/or illicit purposes and/or violate our Policies we reserve the right to immediately terminate the Services available to you and furthermore reserve our rights to report your conduct to the relevant legal authorities for investigation and possible prosecution.

Grant And Scope Of License

In consideration of you, agreeing to abide by the terms of this Agreement, we grant you a limited, non-transferable, non-exclusive license to use the App on your Equipment. We reserve all other rights. Except as expressly set out in this Agreement or as permitted by any local law, you agree not to rent, copy, vary or modify the App, modify, disassemble, decompile, reverse-engineer, attempt to derive the source code or create derivative works out of the software in any form to any person without prior written consent from us.

Limitation Of Liability

The Company shall not be responsible for any loss suffered by the User: (a) if the Services are unavailable for any reason including but not limited to Equipment failure, loss of power, malfunction, interruption or unavailability of the Network or any telecommunication system, any service interruption due to power cuts, network operators or other systems, uncontrollable natural forces, epidemics, pandemics, strikes or labor disputes, riots, civil commotion or unrest, any type of restriction imposed (or action taken) by a Sanctioning Body, or a governmental or statutory authority or any similar causes; or; (b) as a result of any fraudulent or illegal use of the Services, the App, the User’s Profile and/or the User’s Equipment; or (c) resulting from an Event of Force Majeure.

Indemnification

You agree to compensate Us, on demand, in full in respect of all losses and costs (including legal costs) that We may incur as a consequence of: (a) any claim made by a third party, against Us arising out of Your improper use of the App services; any damage caused to any part of the App by Your improper use of the App services; (b) any breach by You in respect of Our Confidential Information as referred to in the confidentiality clause; (c) any breach by You of any of these Terms and Conditions, including the warranties and representations given in the Personal Data clause; (d) any fraud or theft arising in connection with Your use of the App services; (e) the unauthorized use of any of Your Access Codes; (f) any dishonesty on Your part or bad faith on Your part; (g) Your use, storage or loading of incorrect details. (h) Your engaging in any conduct referred to in the termination clause of App services; (i) Your becoming subject to sanctions imposed by any Sanctioning Body; (j) the seizure, blocking or withholding of any funds in relation to You by any Sanctioning Body;

Warranties

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE APP. THE APP IS AVAILABLE “AS IS,” AND “AS AVAILABLE”. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY COMPUTER VIRUSES, BUGS, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE APP. WE HAVE NO DUTY TO UPDATE OR MODIFY THE APP AND WE ARE NOT LIABLE FOR OUR FAILURE TO DO SO. IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR AFFILIATES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE APP, THE USE OF THE APP OR OUR AGREEMENT WITH YOU CONCERNING THE APP, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

Disclosure of Information and Data Protection

By accepting these Terms and Conditions the User hereby consents, authorizes and agrees as follows: (a) That the company may use any information provided by the User for any purpose that the company may require from time to time; (b) That the company may furnish its assignees or transferees of the company’s rights in terms hereof, with any information and documentation they may request including (without limitation) any "know your customer" information provided in respect of the User.

The User further agrees that the company may disclose its Personal Data and/or Information relating to the User any documents referred to herein or the assets, business or affairs of the User outside the company whether such Personal Data and/or information is obtained after the User ceases to be the company's customer or during the continuance of the company-customer relationship or before such relationship was in contemplation: (a) for fraud prevention purposes; (b) to licensed credit reference agencies or any other creditor, if the User is in breach of the Terms and Conditions; (c) to its external lawyers, auditors and other sub-contractors or persons acting as the company's agents; (d) to any person who may assume the company's rights under these Terms and Conditions; (e) if the company has a right or duty to disclose or are permitted or compelled to do so by law; and (f) for the purpose of exercising any power, remedy, right, authority, or discretion pursuant to these Terms and Conditions or any other document.

Notices

Any notice, request or other communication to be given or made under these Terms and Conditions shall be sent via SMS and/or email through the User’s registered phone contact number and email on the App.

Governing Law

This agreement shall be governed by and construed in accordance with the laws of the United Republic of Tanzania.